ILLINOIS POLLUTION CONTROL BOARD

July 25, 1972

CONGREGATION AM ECHOD

v.

)

PCB 72—202

ENVIRONMENTAL PROTECTION AGENCY

Opinion of the Board (by Mr. Dumelle):

This opinion is in support of the order entered herein on

July 18, 1972.

This is a petition for a variance from a Waukegan sewer ban

order entered by this Board on March 31, 1971. No hearing has been

The Congregation has constructed a single-family residence on

property adjacent to the Congregation property for the use of the

Congregation~sRabbi and family. The Rabbi presently lives one mile

from the temple, and it is his and his wife’s practice to follow the

strict Jewish religion’s restrictions in that they will not ride in a

motor vehicle from their home to the temple for the Friday and Saturday

services, therefore walking the one mile distance.

The Rabbi is 54 years old and suffers from a leg disability

wherein one leg is 2½ inches shorter than the other, Walking the one

mile distance exposes him to undue medical problems and affects his

whole physical condition. During bad weather it is difficult for

the Rabbi and his wife to walk the distance from their home to the

temple for services which constitutes a physical hardship on the Rabbi

and by reason thereof affects the services of the congregation.

The petitioner has examined the possibility of installing a

septic tank to handle the waste water from the proposed residence.

However, the Lake County Health Department, by a letter to petitioners

indicated that the soil in that area had a very slow absorption rate

and would be unsatisfactory for a septic system.

The waste from this residence would be conveyed to the Waukegan

Sewage Treatment Plant thru the 15-inch sewer running south near

Western Avenue at Blanchard Road in Waukegan. The Agency, by letter

dated April 19,1972, has designated this sewer as incapable of adequately

transporting wastes. The petitioner alleges that the discharge from this

single—family home would neither cause an overflow nor contribute

any measurably auantity to an overflow once it cad occurred since the

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overflows are caused only during periods of wet weather. The Agency

in its recommendation has not contradicted that allegation.

The Agency recommendation is that the variance be granted.

Even though there is no direct financial hardship being suffered, we

feel that the Rabbi, his wife, and all those who benefit from his

services will suffer in a special way if the Rabbi becomes unable

to attend. As we stated in McAdams v. Environmental Protection Agency,

PCB 71—113:

“The additional pollution that variances in extreme

cases like this will cause will probably be small,

for such cases are likely to be rather rare; and it

must be borne because the hardship of denial is too

great.”

This opinion constitutes the Board’s findings of fact and conclusio:

of law.

Mr. Currie dissents.

I, Christan Moffett, Clerk of the Pollution C~pntro1

Board,.certify that

the Board adopted the above Opinion this ~

day of\J.-~.j. ,1972,

by

a vote of

J- J

.

~Lk~

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